Sampari Devi @ Shyampari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53293 of 2023 Arising Out of PS. Case No.-1040 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Sampari Devi @ Shyampari Devi, W/O Sitaram Paswan, R/O VillageBhirkhi, Ward No. 25, Ps. Madhepura, Dist. Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2023 Heard the parties.
The petitioner is in judicial custody in connection with Madhepura P.S. Case No. 1040 of 2022 instituted under Sections 341, 323, 325, 307, 385, 379, 504 and 506/34 of the Indian Penal Code lodged on 01.11.2022 by the informant Sumit Shristava.
As per the prosecution story, the accused persons mostly women snatched the key of the motorcycle and further allegation against them is/are of assault by sandal, snatching of chain, cash as also trying to press the neck. The case of the petitioner is that so far as she is concerned, allegation is of beating by sandal and snatching of
Patna High Court CR. MISC. No.53293 of 2023(2) dt.22-08-2023 2/3 gold chain for which she has already suffered by being in custody since 21.12.2022 (para 12 of the petition). Learned APP opposes the prayer for bail.
Considering the facts that petitioner being a lady and had suffered by being custody since 31.12.2022, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Madhepura P.S. Case No. 1040 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Madhepura, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
Patna High Court CR. MISC. No.53293 of 2023(2) dt.22-08-2023 3/3 (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Bhardwaj/- U T